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(영문) 서울중앙지방법원 2015.11.23 2015노3435
철도안전법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's act of mistake of facts or misapprehension of legal principles constitutes a legitimate self-defense by a special judicial police officer who tried to illegally arrest and thus constitutes a legitimate self-defense.

B. The sentence imposed by the lower court on the grounds of unfair sentencing (six months of imprisonment, two years of suspended sentence, two years of probation, community service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserted that the grounds for appeal are identical to those of the grounds for appeal in the lower court, and the lower court rejected the above assertion by stating in detail the above argument and its judgment in the item of “determination on self-defense” in the written judgment.

Examining the above judgment of the court below by comparing it with the records, it is justified, and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

B. This case’s determination on the assertion of unfair sentencing is not very appropriate to prevent a railroad worker on duty from performing his/her duties by assaulting him/her, and at the same time, causing injury to him/her.

The defendant denies the crime and does not repent of wrongness.

The Defendant committed the instant crime even though he/she had the record of his/her previous punishment that interfered with the performance of duties by assaulting railroad workers.

Although there are several criminal records due to violent crimes, there are no records of punishment exceeding fine.

In addition, considering the various circumstances shown in the records and pleadings such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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